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A Well-regulated Militia
A leading constitutional historian argues that the Founding Fathers viewed the right to bear arms as neither an individual nor a collective right, but rather an obligation a citizen owed to the government to arm themselves and participate in a well-regulated militia.
The Other Founders
Fear of centralized authority is deeply rooted in American history. The struggle over the U.S. Constitution in 1788 pitted the Federalists, supporters of a stronger central government, against the Anti-Federalists, the champions of a more localist vision of politics. But, argues Saul Cornell, while the Federalists may have won the battle over ratification, it is the ideas of the Anti-Federalists that continue to define the soul of American politics. While no Anti-Federalist party emerged after ratification, Anti-Federalism continued to help define the limits of legitimate dissent within the American constitutional tradition for decades. Anti-Federalist ideas also exerted an important influen...
The Partisan Republic
Provides a compelling account of early American constitutionalism in the Founding era.
Whose Right to Bear Arms Did the Second Amendment Protect?
This intriguing book examines how late-eighteenth-century Americans understood the right to bear arms. The selections expose readers to ongoing scholarly debates over this topic, providing insight into a number of the most important issues in early American historiography: the controversy over republicanism and liberalism, the tension between states' rights and individual rights, and the place of rights and revolution in the American constitutional experience.
A Well-Regulated Militia
Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual's right to own guns. Others, that it does no more than protect the right of states to maintain militias. Now, in the first and only comprehensive history of this bitter controversy, Saul Cornell proves conclusively that both sides are wrong. Cornell, a leading constitutional historian, shows that the Founders understood the right to bear arms as neither an individual nor a collective right, but as a civic right--an obligation citizens owed to the state to arm themselves so that they could participate in a well regulated militia. He shows how the modern "collective right"...
The Second Amendment on Trial
On the final day of its 2008 term, a sharply divided U.S. Supreme Court issued a 5-to-4 decision striking down the District of Columbia's stringent gun control laws as a violation of the Second Amendment. Reversing almost seventy years of settled precedent, the high court reinterpreted the meaning of the "right of the people to keep and bear arms" to affirm an individual right to own a gun in the home for purposes of self-defense. The landmark ruling not only opened a new chapter in the contentious history of gun rights and gun control but also revealed both the strengths and problems of originalist constitutional theory and jurisprudence. This volume brings together some of the best scholar...
Learning from Saturn
Saturn's locally designed manufacturing system featured self-directed teams and the integration of union representatives into management's strategic and operational decision-making processes.".
Guns, Democracy, and the Insurrectionist Idea
"Guns, Democracy, and the Insurrectionist Idea recasts the gun debate by showing its importance to the future of democracy and the modern regulatory state. Until now, gun rights advocates had effectively co-opted the language of liberty and democracy and made it their own. This book is an important first step in demonstrating how reasonable gun control is essential to the survival of democracy and ordered liberty." ---Saul Cornell, Ohio State University When gun enthusiasts talk about constitutional liberties guaranteed by the Second Amendment, they are referring to freedom in a general sense, but they also have something more specific in mind---freedom from government oppression. They argue...
Guns in Law
Weapons have been a source of political and legal debate for centuries. Aristotle considered the possession of arms a fundamental source of political power and wrote that tyrants "mistrust the people and deprive them of their arms." Today ownership of weapons -- whether handguns or military-grade assault weapons -- poses more acute legal problems than ever before. In this volume, the editors' introduction traces the history of gun control in the United States, arguing that until the 1980s courts upheld reasonable gun control measures. The contributors confront urgent questions, among them the usefulness of history as a guide in ongoing struggles over gun regulation, the changing meaning of the Second Amendment, the perspective of law enforcement on guns and gun control law, and individual and relational perspectives on gun rights. The contributors include the editors and Carl T. Bogus, Jennifer Carlson, Saul Cornell, Darrell A.H. Miller, Laura Beth Nielsen, and Katherine Shaw.
The Positive Second Amendment
Provides the first comprehensive post-Heller account of the Second Amendment as constitutional law - dispelling many myths along the way.
